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ST. PAUL FIRE & MARINE INS. CO. v. A.L. EASTMOND & SONS, INC.

244 A.D.2d 294 (1997)

664 N.Y.S.2d 448

St. Paul Fire & Marine Insurance Company, as Subrogee of New York City School Construction Authority, Appellant, v. A.L. Eastmond & Sons, Inc., et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 25, 1997

The submission of plaintiff, as subrogee of its insured, in support of the application, was conclusory and based upon an attorney's representation to plaintiff subrogee, and thus utterly devoid of evidentiary value. Accordingly, plaintiff failed to satisfy the requirement of CPLR 3215 (f) that a party seeking to enter a default judgment submit "some firsthand confirmation of the facts" (Joosten v Gale, 129 A.D.2d 531, 535; see...

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